US Court Strikes Down Regulation of Broadcast Signals by a "Broadcast Flag"

The US Court of Appeals for the DC District has ruled that the US Federal Communications Commission (FCC) lacks legislative authority to regulate TV broadcast signals via copy protection technology known as the "broadcast flag". In 2003, the FCC issued regulations intended to limit unauthorized Internet redistribution of over-the-air broadcasts by requiring video-recording hardware to include blocking devices for unauthorized re-transmission. However, the US Court of Appeals has ruled that there is no legislative basis for the FCC requirement that consumers have digital receivers that limit the use of digital broadcasts after they are received. In an exchange during oral argument, one of the Justices is reported to have said to FCC counsel, "You've gone too far. Are washing machines next?" The case (American Library Association v FCC and United States of America) pitted video hardware manufacturers against movie studios and TV networks, the latter arguing that without restrictions, as the analogue world became digital, shows would be copied and then transmitted via the Internet, much the way music is. Subject to further appeal, the result is likely to prompt the US Congress to consider further legislation. For the text of the decision, visit: http://caselaw.findlaw.com/data2/circs/DC/041037B.pdf For news coverage, see: http://news.com.com/2100-1030_3-5697719.html http://www.nytimes.com/2005/05/07/technology/07tele.html http://www.nytimes.com/2005/05/09/business/media/09flag.html Summary by: The Editor